Amicus curiae

The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page.(June 2012)

An amicus curiae (Literally "friend of the court"; plural amici curiae) is someone who is not a party to a case who offers information that bears on the case but who has not been solicited by any of the parties to assist a court. This may take the form of legal opinion, testimony or learned treatise (the amicus brief) and is a way to introduce concerns ensuring that the possibly broad legal effects of a court decision will not depend solely on the parties directly involved in the case. The decision on whether to admit the information lies at the discretion of the court. The phrase amicus curiae is legal Latin.

The role of an amicus is often confused with that of an intervener. The role of an amicus is, as stated by Salmon LJ (as Lord Salmon then was) in Allen v Sir Alfred McAlpine & Sons Ltd [1968] 2 QB 229 at p. 266 F-G:

I had always understood that the role of an amicus curiae was to help the court by expounding the law impartially, or if one of the parties were unrepresented, by advancing the legal arguments on his behalf.

The situation most often noted in the press is when an advocacy group files a brief in a case before an appellate court to which it is not a litigant. Appellate cases are normally limited to the factual record and arguments coming from the lower court case under appeal; attorneys focus on the facts and arguments most favorable to their clients. Where a case may have broader implications, amicus curiae briefs are a way to introduce those concerns, so that the possibly broad legal effects of court decisions will not depend solely on the parties directly involved in the case.

Amici curiae who do not file briefs often present an academic perspective on the case. For example, if the law gives deference to a history of legislation of a certain topic, a historian may choose to evaluate the claim from specialized expertise. An economist, statistician, or sociologist may choose to do the same. Newspaper editorials, blogs, and other opinion pieces arguably have the capability to influence Supreme Court decisions as de facto amici curiae.[3][4] They are not, however, technically considered amicus curiae, as they do not submit materials to the Court, do not need to ask for leave, and have no guarantee that they will be read.

The Supreme Court of the United States has special rules for amicus curiae briefs sought to be filed in cases pending before it. Supreme Court Rule 37 states, in part, such a brief should cover "relevant matter" not dealt with by the parties which "may be of considerable help".[5] The cover of an amicus brief must identify which party the brief is supporting, or if the brief supports only affirmance or reversal. Supreme Court Rule 37.3(a). The Court also requires that, inter alia, all non-governmental amici identify those providing a monetary contribution to the preparation or submission of the brief. Supreme Court Rule 37.6. Briefs must be prepared in booklet format, and 40 copies must be served with the Court.[6]

In the United States Supreme Court, unless the amicus brief is being filed by the federal government (or one of its officers or agents) or a U.S. state, permission of the court (by means of motion for leave) or mutual consent of the parties is generally required. Allowing an amicus curiae to present oral argument is considered "extraordinary".[7]